24 LC 39 4217
House Bill 1277
By: Representatives Clark of the 100
th
, Hitchens of the 161
st
, Bonner of the 73
rd
, Barrett of
the 24
th
, Crowe of the 118
th
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 1 of Title 6, Chapter 80 of Title 36, Article 2A of Chapter 3 of Title 38,
1
and Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated,2
relating to general provisions relative to aviation; provisions applicable to counties,3
municipalities, corporations, and other governmental entities; general authority, duties, and4
procedure for state purchasing; and the Board of Homeland Security, respectively, so as to5
provide for the development of a list of approved unmanned aircraft systems by the Board6
of Homeland Security; to provide for standards for the development of such list; to prohibit7
the operation of unmanned aircraft systems in this state other than those upon such approved8
list; to prohibit the purchase of unmanned aircraft systems not on such approved list by state9
agencies or local governments; to exempt records relating to the development of an approved10
unmanned aircraft system list from the Open Records Act; to provide for related matters; to11
repeal conflicting laws; and for other purposes.12
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13
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SECTION 1.
14
Chapter 1 of Title 6 of the Official Code of Georgia Annotated, relating to general provisions15
relative to aviation, is amended by revising Code Section 6-1-4, relating to unmanned aircraft16
system defined, preemption for unmanned aircraft systems, and operations, as follows:17
"6-1-4.18
(a)(1)
As used in this Code section, the term:19
(1) 'Approved unmanned aircraft system' means an unmanned aircraft system approved20
by the Board of Homeland Security pursuant to Code Section 38-3-43.21
(2) 'Unmanned 'unmanned aircraft system' means a powered, aerial vehicle that is not a22
satellite and that:23
(A) Does not carry a human operator and is operated without the possibility of direct24
human intervention from within or on the aircraft;25
(B) Uses aerodynamic forces to provide vehicle lift;26
(C) Can fly autonomously or be piloted remotely; and27
(D) Can be expendable or recoverable.28
(2) Such term shall not include a satellite.29
(b) Any ordinance, resolution, regulation, or policy of any county, municipality, or other30
political subdivision of this state regulating the testing or operation of unmanned aircraft31
systems shall be deemed preempted and shall be null, void, and of no force and effect;32
provided, however, that a county, municipality, or other political subdivision of this state33
may:34
(1) Enforce any ordinance that was adopted on or before April 1, 2017;35
(2) Adopt an ordinance that enforces Federal Aviation Administration restrictions; or36
(3) Adopt an ordinance that provides for or prohibits the launch or intentional landing37
of an unmanned aircraft system from or on its public property except with respect to the38
operation of an approved unmanned aircraft system for commercial purposes; or39
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(4) Adopt an ordinance that provides for the launch or intentional landing of an approved40
unmanned aircraft system from or on its public property.41
(c) The state, through agency or departmental rules and regulations, may provide for or42
prohibit the launch or intentional landing of an unmanned aircraft system from or on its43
public property. The state, through agency or departmental rules and regulations, may44
provide for the launch or intentional landing of an approved unmanned aircraft system from45
or on its public property."46
SECTION 2.47
Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to provisions48
applicable to counties, municipalities, corporations, and other governmental entities, is49
amended by adding a new Code section to read as follows:50
"36-80-32.51
(a) As used in this Code section, the term:52
(1) 'Approved unmanned aircraft system' means an unmanned aircraft system approved53
by the Board of Homeland Security pursuant to Code Section 38-3-43.54
(2) 'Unmanned aircraft system' shall have the same meaning as set forth in Code55
Section 6-1-4.56
(b) No county, municipality, school district, local authority, local governmental unit, or57
other political subdivision of this state shall purchase an unmanned aircraft system that is58
not an approved unmanned aircraft system."59
SECTION 3.60
Article 2A of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to the61
Board of Homeland Security, is amended by adding a new Code section to read as follows:62
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"38-3-43.63
(a) As used in this Code section, the term 'unmanned aircraft system' shall have the same64
meaning as provided for in Code Section 6-1-4.65
(b) No later than December 1, 2024, the board shall develop a list of unmanned aircraft66
systems approved for use within this state. Such list shall be developed in coordination67
with the Department of Administrative Services and shall include unmanned aircraft68
systems determined by the board to be compliant with Federal Aviation Administration69
standards and to present no threat to the security of this state. Such list shall be published70
upon the Georgia Emergency Management and Homeland Security Agency website.71
(c) The board shall review and update the list compiled pursuant to subsection (b) of this72
Code section every six months. Any records of the board relative to the development of73
the list compiled pursuant to subsection (b) of this Code section shall be exempt from74
Article 4 of Chapter 18 of Title 50, relating to open records."75
SECTION 4.76
Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated,77
relating to general authority, duties, and procedure for state purchasing, is amended by78
adding a new Code section to read as follows:79
"50-5-86.80
(a) As used in this Code section, the term:81
(1) 'Approved unmanned aircraft system' means an unmanned aircraft system approved82
by the Board of Homeland Security pursuant to Code Section 38-3-43.83
(2) 'State agency' means any authority, board, department, instrumentality, institution,84
agency, or other unit of state government.85
(3) 'Unmanned aircraft system' shall have the same meaning as set forth in Code86
Section 6-1-4.87
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(b) No state agency shall purchase an unmanned aircraft system that is not an approved88
unmanned aircraft system."89
SECTION 5.90
All laws and parts of laws in conflict with this Act are repealed.91
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